How to check trademark ?
- Thread starter GetItNow
- Start date
Ceres
New Member
(1) As mentioned here, you have to pay a fee to conduct a search of the Indian trademarks database (many countries provide this information for free). Update: see new post below for details of free but limited online search service.
Update #2: Service is no longer free.
What's still not clear is whether anyone can carry out an online search, and whether you need an Indian bank account to do this. Recently, I wrote to TMR India to see if they could answer some of my questions. Unfortunately, I did not receive a response.
(2) Another thing you can try and do is to find out if there are common law rights attached to the name. For example, conduct a search of India's yellow pages, news sites, local search engines etc to see how frequently the name comes up.
(3) Finally, using Google, try the tip below (to see if the name was advertised in India's trademarks journal):
site:www.patentoffice.nic.in/tmr_new/tm_journal/ [insert name]
For example, if you insert:
site:www.patentoffice.nic.in/tmr_new/tm_journal/ Apple Computer
you will see that Apple applied for the trademark .MAC
Another example, if you insert:
site:www.patentoffice.nic.in/tmr_new/tm_journal/ Google
you will see that Google Inc applied for the trademarks GOOGLE and ORKUT.
Very important: the search of the trademarks journal is NOT a conclusive test to find out if there is a registered trademark. It is simply one small thing you can do to obtain a bit of trademark information. For a conclusive answer, you need to perform a full search of the trademarks register as mentioned in my first paragraph.
Via the examples shown at (3) above, you *might* get the info you're looking for from a trademarks journal, but you might not. A pending trademark won't show up in your search results if it hasn't yet been advertised in the journal. Also, some journals won't show up in your results if they haven't been indexed by the search engines (certainly, the really old journals might not be indexed, and/or they might not even be in an electronic format).
GetItNow, if the domain in question involves a very high amount of money, then you should definitely conduct a full search of the trademarks register to ensure there is no trademark issue involved.
I apologise if the above is double dutch. If so, let me know and I will try and explain more clearly.
Update #2: Service is no longer free.
What's still not clear is whether anyone can carry out an online search, and whether you need an Indian bank account to do this. Recently, I wrote to TMR India to see if they could answer some of my questions. Unfortunately, I did not receive a response.
(2) Another thing you can try and do is to find out if there are common law rights attached to the name. For example, conduct a search of India's yellow pages, news sites, local search engines etc to see how frequently the name comes up.
(3) Finally, using Google, try the tip below (to see if the name was advertised in India's trademarks journal):
site:www.patentoffice.nic.in/tmr_new/tm_journal/ [insert name]
For example, if you insert:
site:www.patentoffice.nic.in/tmr_new/tm_journal/ Apple Computer
you will see that Apple applied for the trademark .MAC
Another example, if you insert:
site:www.patentoffice.nic.in/tmr_new/tm_journal/ Google
you will see that Google Inc applied for the trademarks GOOGLE and ORKUT.
Very important: the search of the trademarks journal is NOT a conclusive test to find out if there is a registered trademark. It is simply one small thing you can do to obtain a bit of trademark information. For a conclusive answer, you need to perform a full search of the trademarks register as mentioned in my first paragraph.
Via the examples shown at (3) above, you *might* get the info you're looking for from a trademarks journal, but you might not. A pending trademark won't show up in your search results if it hasn't yet been advertised in the journal. Also, some journals won't show up in your results if they haven't been indexed by the search engines (certainly, the really old journals might not be indexed, and/or they might not even be in an electronic format).
GetItNow, if the domain in question involves a very high amount of money, then you should definitely conduct a full search of the trademarks register to ensure there is no trademark issue involved.
I apologise if the above is double dutch. If so, let me know and I will try and explain more clearly.
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Ceres
New Member
I know that peoples' eyes probably glaze over when reading Ceres' post, but avoiding legal issues is good for your health and wealth
Yes Jeff, I'm sure some peoples' eyes will glaze over my post, but nevertheless I decided to click on the "Submit Reply" button.
Ceres
New Member
UPDATE: I found a site where you can conduct a free online search of India's trademark register. However, the free search only covers trademarks issued from 2006 onwards. You'll need to register with the website. .
UPDATE #2: this service is no longer free. You pay US$5 for 5 searches.
Please note: For a comprehensive search, you should order a search report from an Indian Trademark Attorney. You can order such a report for $10 or Rs.400 per mark per class via the tmpsearchers.com website. Also, I vaguely recall someone mentioning on INForum that Mitsu.in offers trademark services (but I don't know if they carry out trademark searches).
I tested out the free search and it works well. For example, I entered "Blackberry" and the results revealed the following trademarks:
BLACKBERRY UNITE! (2008-10-01)
Blackberry Pearl (2007-12-01)
RELIANCE BLACKBERRY (2007-03-01)
BlackBerry (2006-09-01)
Blackberry (2006-09-01)
BlackBerry (2006-09-01)
BLACKBERRY (2006-09-01)
BlackBerry (2006-09-01)
BLACKBERRY (2005-02-2 [note: a 2005 trademark showed up in the results]
I did another test search for "KFC" and it revealed the following trademarks:
KFC (2008-07-16)
KFC (2008-03-16)
KFC BEARING (2006-06-01)
KFC (2006-04-16)
If it's a design mark, you'll be able to view the image.
UPDATE #2: this service is no longer free. You pay US$5 for 5 searches.
Please note: For a comprehensive search, you should order a search report from an Indian Trademark Attorney. You can order such a report for $10 or Rs.400 per mark per class via the tmpsearchers.com website. Also, I vaguely recall someone mentioning on INForum that Mitsu.in offers trademark services (but I don't know if they carry out trademark searches).
I tested out the free search and it works well. For example, I entered "Blackberry" and the results revealed the following trademarks:
BLACKBERRY UNITE! (2008-10-01)
Blackberry Pearl (2007-12-01)
RELIANCE BLACKBERRY (2007-03-01)
BlackBerry (2006-09-01)
Blackberry (2006-09-01)
BlackBerry (2006-09-01)
BLACKBERRY (2006-09-01)
BlackBerry (2006-09-01)
BLACKBERRY (2005-02-2 [note: a 2005 trademark showed up in the results]
I did another test search for "KFC" and it revealed the following trademarks:
KFC (2008-07-16)
KFC (2008-03-16)
KFC BEARING (2006-06-01)
KFC (2006-04-16)
If it's a design mark, you'll be able to view the image.
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You can find the World Intellectual Property Organisation's Trademark Database Portal here: Arbitration and Mediation Center - Trademark Database Portal.
As has been stated, there does not appear to be any public database on which you can make a proper search of the Indian Trade Marks Register.
....... our website at VeryMark Trade Mark & Copyright Attorneys has information on trade marks, copyright, design rights, and domain name conflicts.
As has been stated, there does not appear to be any public database on which you can make a proper search of the Indian Trade Marks Register.
....... our website at VeryMark Trade Mark & Copyright Attorneys has information on trade marks, copyright, design rights, and domain name conflicts.
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domaingenius
Member
On a similar subject ,could someone please tell me best way to register a simply WORD Only, 1 class trademark in India ?. I heard somewhere actual fee was $35 but I presume since I am in UK I need someone in India to register for me ?
Thanks for any info
DG
Thanks for any info
DG
We are in the UK and are able to register trade marks anywhere in the world.
...... I have in the past registered trade marks for clients everywhere from Austria to Zambia, and as far away as Tuvalu and Kiribati.
Our website at VeryMark Trade Mark & Copyright Attorneys has our contact details and more info.
...... I have in the past registered trade marks for clients everywhere from Austria to Zambia, and as far away as Tuvalu and Kiribati.
Our website at VeryMark Trade Mark & Copyright Attorneys has our contact details and more info.
domaingenius
Member
Yes but with respect you probably charge ,and excuse me here, the usual extortionate rates most lawyers/attorneys charge ?. I dont mean this rudely at all, im just poor and trying not to be poorer.lol. Must also say thanks for the Blog link on your website, very interesting cases in there. Ive got to say, domain owners should look more closely at obtaining trademarks for their best domains ,as protection from [fill in blank] .
DG
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Our services are not "cheap" but I am a qualified trade mark attorney with 40 years experience, we spend a large amount of time helping people with preliminary advice at no charge, our website has more free information on it than you'll find most anyplace else, and our fees are lower than most of our competitors.
The rest is up to you of course!
The rest is up to you of course!
domaingenius
Member
Thanks and appreciated. My brothers a lawyer, so Im always very careful to qualify what I say . Im a kind of experienced LIP, but not very in TM law.
Yes will contact you if I may as have couple of things on the boil.
DG
I think Intellectual Property will be best option for searching any company name and logo. These organizations provide solution related to copyright, trademark, patent etc.
________
IPAD GUIDE
________
IPAD GUIDE
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kussy
Member
mobile
Member
I came to post the same link on the thread ..
what is "Class" mean there??
Got answer of my question Class Details
class=42 for webservices
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CyberKing
Domain Investor
Hello - Just updating links since 2011 was the last anyone posted - hope you find these useful:
For India related marks here is a new link https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx#
For US - Trademarks Home
Global : Trademark Database Portal
For India related marks here is a new link https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx#
For US - Trademarks Home
Global : Trademark Database Portal
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